Where the parties have not clearly designated the law to be applied by means of an express clause, the employment contract will be governed by the law of the country in which or, failing that, from which the employee, in implementation of the contract, habitually performs his work.
The country in which the work is habitually performed is not deemed to change when the employee temporarily performs his work in another country (posting).
Where the employee does not habitually perform his work in one and the same country, the employment contract is governed by the law of the country where the establishment which recruited the employee is located.
Finally, if it is apparent from all the circumstances of fact and of law that the employment contract displays the closest links with another country, the law of that other country is applicable.
In the event of litigation, it will be the responsibility of the court to rely on evidential indications in order to interpret the will of the parties, so as to determine the law of the employment contract.